Rothwell v. Skinker
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court.—Hon. Rudolph Hirzel, Judge. (1) Plaintiffs are not entitled to maintain this action against defendant, Skinker, because there is no privity of contract. Eriemuth v. Rupp, 8 Mo. App. 568; Zweigardt, v. Birdseye, 57 Mo.
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Appeal from the St. Louis County Circuit Court.—Hon. Rudolph Hirzel, Judge. (1) Plaintiffs are not entitled to maintain this action against defendant, Skinker, because there is no privity of contract. Eriemuth v. Rupp, 8 Mo. App. 568; Zweigardt, v. Birdseye, 57 Mo. App. 462; Roddy v. Railway, 104 Mo. 234-244; Laidlou v. Hatch, 75 111. 11; Rossman v. Townsend, 17 "Wis. 95. (2) The stipulations in defendant’s deed , are not expressed to be for plaintiff’s benefit; hence this case is unlike the following: Rogers v. Gosnell, 58 Mo. 589; 51 Mo. 466; Cress v. Blodgett, 64 Mo. 449; St. Louis v. Yon…
1Opinion of the CourtBland, P. J.
In July, 1896, the defendant and fifteen others jointly conveyed to Frederick Gr. Zeibig a strip of land lying partly in the city and partly in the county of St. Louis. The strip is one hundred feet wide, and beginning at the Skinker road runs westerly to the Clayton and Forest Park Railway, then westerly to the Hanley road, distant about 3,500 feet. The conveyance was in trust for a private right of way for the use and benefit of the grantors, but to become a public highway on certain conditions, not necessary to mention here. By the conveyance, the grantors authorized Zeibig to cause the…
2Cases cited6 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Fitzgerald v. BarkerSupreme Court of Missouri · 1879
- Kelly v. ThueySupreme Court of Missouri · 1890
- Meyer v. LowellSupreme Court of Missouri · 1869
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3Cited by2 opinions
- Canada v. DanielMissouri Court of Appeals · 1913
- Farmers' Exchange Bank v. CrumpMissouri Court of Appeals · 1906